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08.b1c Resolution 2021-53 Nora Variance CITY OF SCANDIA, MINNESOTA CC RESOLUTION NO. 2021-53 APPROVING A VARIANCE FOR PARCEL 29.03.22.04.1004 LOCATED AT 12140 LAKAMAGA TRAIL NORTH WHEREAS, Peter and Martin Nora, on behalf of the owners Nora Properties LLC, has made an application for a 11.2 foot variance to construct a detached accessory structure 8.8 feet from the north side property line on property identified as PID 29.03.22.04.1004; and WHEREAS, the property is legally described as follows: See Attachment A; and WHEREAS, the Planning Commission reviewed the request for variances at a duly noticed Public Hearing on December 7, 2021, and recommended that the City Council approve the variances with conditions; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve a variance to construct a detached accessory structure 8.8 feet from the north side property line, at 12140 Lakamaga Trail North, based on the following findings: 1. The Comprehensive Plan does not discuss accessory structures in detail. The Development Code lists requirements for accessory structures in residential areas. As a lakeshore lot, an accessory structure is permitted to be placed between the right-of- way and the principal structure if setbacks are met; a variance is necessary to be within a setback. The proposed structure would occupy a similar location as the existing accessory structure on the site, and would be no closer to the north property line. By not encroaching past the setback of the existing accessory structure, the proposed request appears to be in general harmony with the Comprehensive Plan and Development Code. 2. The current use of the property is residential, which would not change if this variance request is approved. The proposed accessory structure would be replacing an existing accessory structure on the site. Proposing to continue to use the property for residential use is a reasonable use. 3. The practical difficulties are due to the narrow width and nonconforming size of the lot limiting the amount of space located outside of setbacks. The proposed structure would occupy a similar location as the existing accessory structure on the site, and would be no closer to the north property line. While nonconforming lots are not uncommon in this area of town, the subject property is uniquely limited in the amount CC Resolution No.: 2021-53 Page 2 of 4 of buildable space it has. The practical difficulties were not caused by the current landowner and are unique to the property. 4. The use and function of the property would remain as it is currently. The applicant proposes placing the structure at the same setback and a similar location as the structure it is replacing; apart from being new it would not be much different than the current layout of the site. Other narrow lots along Lakamaga Trail on the lake also have structures close to side property lines. Granting the variance would not alter the essential character of the area. 5. The practical difficulties are related to the limited amount of land located outside of required setbacks. The practical difficulties are not only economic in nature. 6. Granting the requested variance would not result in limiting light or air to neighboring properties. The land use will not change, so increases to congestion, fire danger, or public safety are not expected. The property values of neighboring values should not be negatively impacted, either, if the request is granted. The requested variance will not impair the supply of light or air to adjacent properties, increase congestion, endanger the public, or substantially diminish or impair property values in the neighborhood. 7. The narrow shape of the lot limits the amount of land not within a setback. The existing structure is currently setback 8.8 feet from the north property line; the proposed structure would have the same 8.8 foot setback. There is potential space to shift the structure further from the north property line, though the location of a turf infiltration basin and the driveway would limit how much the structure could be moved. The requested variance appears to be the minimum action required to eliminate the practical difficulty of the lot lacking space outside of required setbacks. Conditions can be added to ensure it is the minimum action required. 8. The variance is not related to a need for direct sunlight for solar energy systems. FURTHER BE IT RESOLVED that the following conditions of approval shall be met: 1. The proposed detached garage shall have a minimum setback of 8.8 feet from the north side property, as shown on the site plan submitted to the city and reviewed with this request. 2. The applicant shall secure any applicable permits from the Watershed District, and comply with their requirements. 3. A grading plan and erosion control plan shall be submitted to the City for review prior to issuance of a building permit, showing any areas of soil disruption and locations of any trees to be removed or added, in order to ensure that drainage is not directed to adjacent properties and proper erosion control measures are taken. Plans should include grading limits/elevations that don’t negatively impact the adjacent properties from CC Resolution No.: 2021-53 Page 3 of 4 direct drainage off of the site. Drainage will need to either be directed down the side lot lines or to street right-of-way. 4. The applicant shall secure any other applicable Federal, State, County, and local permits required for the project. 5. The applicant shall pay all fees and escrows associated with this application. Adopted by the Scandia City Council this 21st day of December, 2021. _________________________________ Christine Maefsky, Mayor ATTEST: _________________________________ Ken Cammilleri, City Administrator CC Resolution No.: 2021-53 Page 4 of 4 ATTACHMENT A ALL THAT PART OF THE NORTH 1/2 OF GOVERNMENT LOT 2, SECTION 29, TOWNSHIP 32 NORTH, RANGE 20 WEST, DESCRIBED AS FOLLOWS: COMMENCING AT THE SE CORNER OF SECTION 29, SAID CORNER IS DESIGANATED BY A FOUND WASHINGTON COUNTY CAST IRON MONUMENT, RECORDED IN A CERTIFICATE OF LOCATION OF GOVERNMENT CORNER, INDEX NO. 150, DATED AUGUST 6, 1984, HAVING COORDINATES OF 104015.460 N, 69147.909 E (BEING PART OF THE WASHINGTON COUNTY COORDINATE SYSTEM, NORTH ZONE); THENCE ON AN AZIMUTH FROM THE NORTH OF 0 DE GREES 14 MINUTES 58 SECONDS, ORIENTED TO THE WASHINGTON COUNTY COORDINATE SYSTEM, NORTH ZONE, ALONG THE EAST LINE OF THE SE 1/4 OF SAID SECTION 29 (THE EAST 1/4 OF SAID SECTION 29 IS DESIGNATED BY A FOUND WASHINGTON COUNTY CAST IRON MONUMENT, RECORDED IN A CERTIFICATE OF LOCATION OF GOVERNMENT CORNER, INDEX NO. 131, DATED AUGUST 18, 1976, HAVING COORDINATES OF 106622.626 N, 695159.260 E) A DISTANCE OF 1955.39 FEET TO THE SE CORNER OF SAID NORTH 1/2 OF GOVERNMENT LOT 2; THENCE COMMENCING ON AN AZIMUTH OF 0 DEGREES 14 MINUTES 58 SECONDS ALONG SAID EAST LINE A DISTANCE OF 21.31 FEET; THENCE ON AN AZIMUTH OF 270 DEGREES 33 MINUTES 37 SECONDS A DISTANCE OF 949.37 FEET TO A POINT, SAID POINT BEING IN THE CENTER LINE OF LAKAMAGA TRAIL NORTH; THENCE ON AN AZIMUTH OF 35 DEGREES 47 MINUTES 19 SECONDS ALONG SAID CENTER LINE A DISTANCE OF 91.40 FEET; THENCE ON AN AZIMUTH OF 270 DEGREES 42 MINUTES 13 SECONDS A DISTANCE OF 40.10 FEET MORE OR LESS, TO THE WESTERLY LINE OF SAID LAKAMAGA TRAIL NORTH AND TO THE POIN T OF BEGINNING OF THE PARCEL TO BE DESCRIBED; THENCE CONTINUING ON AN AZIMUTH OF 270 DEGREES 42 MINUTES 13 SECONDS A DISTANCE OF 600 FEET, MORE OR LESS, TO THE SHORE OF BIG MARINE LAKE; THENCE NORTHERLY ALONG SAID SHORELINE TO THE INTERSECTION WITH A LIN E 75 FEET NORTHERLY OF, MEASURED AT RIGHT ANGLES, AND PARALLEL WITH THE LAST DESCRIBED COURSE; THENCE ON AN AZIMUTH OF 90 DEGREES 42 MINUTES 13 SECONDS, ALONG SAID PARALLEL LINE, A DISTANCE OF 667 FEET, MORE OR LESS, TO THE WESTERLY LINE OF SAID LAKAMAGA TRAIL NORTH; THENCE SOUTHWESTERLY ALONG SAID WESTERLY LINE OF LAKAMAGA TRAIL NORTH TO THE POINT OF BEGINNING.